Anant Pal Singh Bhadoriya vs Umesh Singh
2024 Latest Caselaw 12439 MP

Madhya Pradesh High Court

Anant Pal Singh Bhadoriya vs Umesh Singh on 3 May, 2024

Author: Anand Pathak

Bench: Anand Pathak

                                                               1
                            IN    THE       HIGH COURT OF MADHYA PRADESH
                                                  AT GWALIOR
                                                       BEFORE
                                         HON'BLE SHRI JUSTICE ANAND PATHAK
                                                   ON THE 3 rd OF MAY, 2024
                                           CRIMINAL REVISION No. 3849 of 2023

                           BETWEEN:-
                           ANANT PAL SINGH BHADORIYA S/O SHRI MEHTAB
                           SINGH BHADORIYA, AGED ABOUT 58 YEARS,
                           OCCUPATION: PROPERTY DEALER 11/12 I- BLOCK
                           ADITYAPURAM BHIND ROAD DISTRICT BHIND
                           (MADHYA PRADESH)

                                                                                       .....PETITIONER
                           (BY SHRI ATUL MEWRA - ADVOCATE)

                           AND
                           UMESH SINGH S/O SHRI KAMAL SINGH KUSHWAH,
                           AGED ABOUT 43 YEARS, OCCUPATION: BUSINESS 67,
                           TANSEN RAOD TIRUPATI MOTORS KE PASS HAJEERA
                           DISTRICT GWALIOR (MADHYA PRADESH)

                                                                                     .....RESPONDENTS
                           (BY SHRI ARSHAD ALI - ADVOCATE)

                                 Th is revision coming on for hearing this day, th e court passed the
                           following:
                                                               ORDER

With consent heard finally.

1. The present revision petition has been preferred by the petitioner under Section 397/401 of the Code of Criminal Procedure against the judgment dated 05.08.2023 passed in Criminal Appeal No.416/2022 passed by 10th Additional Sessions Judge, Gwalior affirming the judgment dated 23.08.2022 passed by the Judicial Magistrate First Class, District Gwalior in Crime Case No.1396/2017 whereby the petitioner/accused has been convicted for the

offence punishable under Section 138 of the Negotiable Instrument Act and sentenced to undergo RI for one year with Rs.8,43,250/- with default stipulation.

2. It is the submission of counsel for the parties that they intend to enter into compromise, therefore, application under Sections 320 vide I.A.No.517/2024 has been preferred at the instance of parties and they want to settle the matter. Application is duly signed by respective parties and same are supported by their affidavits.

3. The Principal Registrar of this Court has duly verified the parties, contents of application, intent and signatures of parties. Report is attached,

same is perused and it appears that compromise has been reached between the parties voluntarily without any threat, inducement and coercion.

4. Learned counsel for the respondent No.1/State opposes the prayer.

5. Heard learned counsel for the parties at length and perused the documents appended thereto.

7. A Lean Compromise is better than a Fat Law Suit, instant efforts of the parties indicate the same. It is expected that their bonafide gestures would continue.

8. The Hon'ble Supreme Court in catena of judgments Jagdish Channa & others Vs. State of Haryana & another, AIR 2008 SC 1968, Madan Mohan Abbot Vs. State of Punjab, AIR 2008 SC 1969, Shiji Vs. Radhika & Another, (2011) 10 SCC 705, Narinder Singh & others Vs. State of Punjab (2014) 6 SCC 466, B.S. Joshi and others Vs. State of Haryana and another (2003) 4 SCC 675, Gian Singh Vs. State of Punjab (2012) 10 SCC 303 and Parbatbhai Ahir alias Parbatbhai Bhimsinhbhai Karmur and others Vs. State of Gujarat and another, (2017) 9 SCC 641 , laid

down that even in non-compoundable cases on the basis of compromise, criminal proceedings can be quashed so that valuable time of the court can be saved and utilized in other material cases.

9. After hearing learned counsel for the parties and taking into account the law laid down by the Apex Court, in the opinion of this Court, continuance of trial in such matter will be a futile exercise which will serve no purpose. Therefore, I.A.No.517/2024 is allowed because no fruitful purpose would be served in continuation of trial. Thus, parties are permitted to compound the offences.

11. This Court gave suggestions to the petitioner to rise to the occasion and try to make some efforts and sincere endeavors for betterment of the country and environment. Considering the suggestions and after due contemplation, they are ready to deposit Rs.10,000/- (Rupees Ten Thousand Only) in favour of Army Central Welfare Fund having A/C No.520101236373338 of Union Bank of India, Branch Chandni Chowk, Delhi-110006, IFSC Code UBIN0530778 within fifteen days from the date of receipt of certified copy of this order.

1 2 . In view of the above, the Judgments dated 05.08.2023 and 23.08.2022 passed by the Courts below are set aside and the petitioner, who has been convicted for the offence punishable under Section 138 of the N.I.

Act and sentenced to undergo RI for one month with Rs.8,43,250/- with default stipulation, is hereby acquitted from all the charges.

13. Petition stands disposed of in above terms.

(ANAND PATHAK)

JUDGE Vishal